Monday, June 7, 2010

Hypothetical matters not for judicial determination

NorthWest Value Partners Inc. v. Bell, 2010 ONCA 409 deals with technical issues regarding the termination of trustees – in so doing the Court of Appeal made a useful statement that the Court will not rule on hypothetical matters:

 

 

It is not the role of this court to determine questions that may or may not arise at an impending trial, depending on the findings of fact that will be made.

1 comment:

KC said...

Sometimes I wish the judiciary WOULD step in and comment on hypotheticals to bring a little certainty to the law when the legislature wont act to clarify ambiguities. Nothing is more annoying than having to tell clients that you have no way of advising them on how to stay in compliance with the law.